Golden motel worker who sexually assaulted guest loses appeal, faces deportation

A BC motel worker, who climbed onto the bed of a guest and sexually assaulted her, will be deported back to India after he lost a court appeal.

Rakesh Kumar had been sentenced to four months of house arrest, but appealed his sentence saying the judge had put too much weight on the impact of the offence on the victim, while ignoring his feelings of isolation, anxiety and depression.

According to a recently published Oct. 31, 2025, BC Supreme Court decision, Kumar argued the sentence was “demonstrably unfit” and he should have been given a conditional discharge, which would mean that if he passed two years’ probation, he wouldn’t have a criminal record. His lack of a criminal record would also allow him to stay in Canada.

However, Justice Neena Sharma said nothing was wrong with the sentence.

“This was a sexual assault of a 19-year-old who was in vulnerable circumstances both because of her isolation in a motel room to which the accused had access as well as her physical state,” the Justice said.

“She told him she was ‘very, very, very’ tired. It was a sexual assault by someone who was more than twice her age and he was an employee at that motel. They were strangers. He entered her motel room aware that she was unwell and alone. Uninvited, he lay down on the bed beside her.”

The incident took place in June 2023, when Kumar was working at Mary’s Motel in Golden.

The 19-year-old victim arrived at the motel after driving throughout the night from Edmonton and told Kumar she was very tired and needed to sleep.

He showed her to her room, but then lay down on her bed, spooning her and grabbing her chest and bottom.

“She said ‘no’ and ‘stop’ and tried to push him off. He then started kissing her face and neck. She said, ‘stop, you need to get off of me; I don’t want to have sex with you, I just want to sleep,’” the decision reads. “He said words to the effect there would be no sex he just wanted to touch her. She said, ‘no, please leave, I don’t want this.’”

He continued to touch her and held onto her tightly until she was able to push him off. 

“As he got off of her, Mr. Kumar asked if she was a virgin, saying she was ‘so beautiful.’ He then left room,” the Justice said.

In June 2025, he pleaded guilty on the first day of trial and got four months of house arrest followed by 12 months of probation.

Soon afterwards, he received a “notice of removal” from Canadian Border Services. 

In appealing his sentence, Kumar argued that the judge misunderstood the impact of the sexual assault on the victim.

Kumar argued the information was too vague about the seriousness of the lasting impact.

However, Justice Sharma didn’t buy it.

“He kissed her. She told him, ‘No, stop’ consistently. He continued. He grabbed her tighter; he redoubled his efforts, and it is only when she is finally successful at pushing him off that he stopped,” the Justice said.

“He then ends with what could be viewed as a creepy question as to whether she was a virgin and only then does he leave.”

Ultimately, the Justice dismissed the appeal.

There is no mention of when Kumar will be deported.